THE RIGHT TO MARRIAGE OF WOMEN IN VIETNAMESE MARRIAGE AND FAMILY LAW THROUGH HISTORICAL PERIODS

ABSTRACT

This article examines the legal development of women's right to marriage in Vietnam through various historical periods, from pre-1945 to the present. Using a comparative legal and historical-analytical method, the research outlines the evolution from feudal, patriarchal customs to a legal framework progressively aligned with international human rights standards. Key milestones include the abolition of forced marriage and polygamy, legal recognition of voluntary union, and the introduction of regulations addressing cross-border and underage marriages. The study also highlights persistent challenges such as early marriage and “bride kidnapping” in ethnic minority areas. Although Vietnam's legal framework affirms gender equality and prohibits coercion in marriage, enforcement remains inconsistent. The article concludes by proposing enhanced legal education, stricter implementation to further protect women's rights in the era of globalization. These findings contribute to improving legal protection for women's right to marriage in line with both domestic reforms and global norms.

АННОТАЦИЯ

Настоящая статья посвящена правовому развитию права женщин на брак во Вьетнаме на протяжении различных исторических периодов - от времени до 1945 г. и до современности. Используя сравнительно-правовой и историко-аналитический методы, исследование прослеживает эволюцию от феодальных, патриархальных обычаев к правовой системе, постепенно приближающейся к международным стандартам в области прав человека. Ключевыми этапами стали отмена принудительных браков и многожёнства, юридическое признание добровольного брачного союза, а также введение правового регулирования трансграничных и детских браков. В то же время в статье подчёркиваются сохраняющиеся проблемы, такие как ранние браки и «похищения невест» в районах проживания этнических меньшинств. Несмотря на то что правовая система Вьетнама закрепляет равенство полов и запрещает принуждение к вступлению в брак, её применение на практике остаётся непоследовательным. В заключение статьи предлагаются меры по повышению правовой грамотности, ужесточению реализации законодательства в целях усиления защиты прав женщин в условиях глобализации. Полученные результаты способствуют улучшению правового обеспечения права женщин на брак в контексте как внутренних реформ, так и международных стандартов.

Keywords: women's right to marriage, marriage and family law, gender equality, forced marriage, legal reforms, early marriage, international human rights standards.

Ключевые слова: право женщин на брак, брачно-семейное законодательство, гендерное равенство, принудительный брак, правовые реформы, ранние браки, международные стандарты в области прав человека.

Introduction

Along with the process of integration and development, human rights have received increasing attention, especially women's rights, including the right to marriage. According to Clause 5, Article 3 of the Law on Marriage and Family 2014, marriage is the establishment of a spousal relationship between a man and a woman in accordance with the legal conditions and procedures for marriage registration. The right to marry is one of the fundamental human rights; it is inherently personal to both men and women and is legally recognized and protected. Through historical development, the legal provisions on women's right to marry in Vietnam have gradually improved and become more aligned with international standards. Within the scope of this article, based on the analysis of the Vietnamese legal framework on marriage and family in different historical periods, the author aims to clarify the development and progress in legal regulations, while also identifying limitations and shortcomings. From this foundation, the article proposes recommendations to enhance the legal protection of women’s right to marriage in the context of globalization.

Materials and methods

This study employs a qualitative, doctrinal legal research methodology, combining historical analysis and comparative legal interpretation to examine the evolution of women's right to marriage in Vietnamese law. The research materials include primary legal texts such as the Law on Marriage and Family (1959, 1986, 2000, 2014), the Constitution of Vietnam (1946, 2013), Presidential Decree No. 97-SL/1950, relevant resolutions of the National Assembly and Supreme People’s Court, and international instruments, notably the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Secondary sources include academic commentaries, textbooks, and peer-reviewed journal articles on gender equality, marriage law, and Vietnamese legal history. Comparative insights are drawn from the family law systems of countries such as China, Laos, Thailand, France, and the United Kingdom to highlight international benchmarks and divergences. The methodology also incorporates analysis of socio-legal data, including statistical reports from the General Statistics Office and Committee for Ethnic Minority Affairs, to assess practical challenges in enforcing marriage-related rights.

Results and discussions

1. The right to marriage of women in vietnamese marriage and family law through historical periods

1.1. Marriage and family law before the August revolution of 1945

Before the August Revolution of 1945, Vietnam was a semi-feudal colony. Under this social structure, children's marriages were typically subject to forced arrangements and heavily influenced by their parents or elders in the family, regardless of whether the individuals were of legal age. This practice was rooted in the Confucian notion of “children go where parents place them.” During this time, marriage was viewed as a matter concerning the family lineage or clan rather than a private affair between the man and the woman. Consequently, women were denied the right to freely choose or enter into marriage based on their own will and desire.

Moreover, the law recognized polygamy, granting men the right to take multiple wives. This legal allowance reflected clear gender inequality. While men's marriage rights were emphasized and protected, women-regardless of whether they were the principal or secondary wives-were expected to remain faithful and obedient to their husband. Article 92 of the 1931 Civil Code of Northern Vietnam stated that “both the first and second wives must remain chaste and submissive to their husband.” It is evident that women suffered significant disadvantages due to forced marriages and were often compelled to marry and cohabit with men they did not love. As a result, many women were unable to find happiness in marriage and lived with their husbands in the status of subordinates or servants. As Mung [1] observed:

“Women endured many injustices under the regime of forced marriage, having to live with men they did not love. Thus, many did not find happiness in marital life, living instead as subordinates to their husbands. This instilled in women a consciousness of submission, which became a foundation nurturing persistent gender discrimination in social life”.

1.2. Marriage and family law from the August revolution of 1945 to before 1959

Following the success of the August Revolution and the establishment of the Democratic Republic of Vietnam on September 2, 1945, the legal system on marriage and family received increasing attention and was progressively improved. This process involved the gradual elimination of outdated regulations and customs, particularly those that upheld gender inequality. A significant milestone during this period was the promulgation of the 1946 Constitution and Presidential Decree No. 97-SL dated May 22, 1950, both of which affirmed Vietnamese citizens’ rights in the domain of marriage and family. Specifically, Article 9 of the 1946 Constitution stated: “Women are equal to men in all respects.” Article 2 of Decree No. 97-SL stipulated: “An adult child is not required to obtain parental consent in order to marry.” These provisions marked a turning point in the recognition and protection of women’s right to marry.

As Phương (2006) observed, “After thousands of years living under strict feudal norms with no recognized position within the family, clan, society, or political life of the nation, the status and role of Vietnamese women were finally acknowledged by the State.” Accordingly, children gained the right to marry independently of their parents’ will. Women's right to marriage was also recognized in specific cases such as mourning or post-divorce. For instance, “during mourning, one may still marry; however, a widow could only remarry after 10 months from the date of her husband's death,” or “a divorced woman could remarry immediately after a court's divorce judgment, provided she could prove she was not pregnant or was currently pregnant”.

Although no comprehensive legal document specifically regulating marriage and family-or marriage in particular-was issued during this period, relevant provisions in the Constitution and other legal texts significantly contributed to the recognition and protection of women's right to marriage.

1.3. Marriage and family law from 1959 to before 1986

Building upon the legal foundations laid in the previous period, the first Law on Marriage and Family (1959) was adopted by the First National Assembly on December 29, 1959, and came into force on January 13, 1960. This law marked a new chapter in the legal regulation of marriage and family relations, including those concerning marriage. The 1959 Law on Marriage and Family officially abolished the remnants of feudal marriage practices, which were characterized by coercion and gender discrimination. As stated in Article 2 of the law: “The regime of forced feudal marriages and male dominance is abolished”.

For the first time, the law recognized the principles of voluntariness and progressiveness in marriage, stipulating that “the State guarantees the implementation of a free and progressive marriage regime based on monogamy, gender equality, and the protection of the rights of women and children.” These principles have since been maintained and developed in subsequent legislation. The principle of monogamy was considered “the most progressive form of marriage in history, widely accepted and applied in the majority of developed countries around the world” [3].

However, it is also important to note that, “the State only protects voluntary marriage, meaning that in the marital relationship, both parties must enter into and exit the marriage voluntarily. Whether or not the marriage stems from love-though this is an ideal-falls outside the scope of legal regulation” [4].

Additionally, Vietnam made significant progress in aligning its legal framework with international standards on women's rights. Notably, Vietnam was among the first countries in the world to sign the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) on July 29, 1980, ratify it on November 27, 1981, and bring it into effect on March 19, 1982. Based on constitutional principles, the incorporation of CEDAW into national legislation has become increasingly clear and specific, contributing substantially to improving the protection of women's rights and promoting gender equality.

1.4. Marriage and family law from 1986 to before 2000

The 1986 Law on Marriage and Family, adopted by the Seventh National Assembly on December 20, 1986, and effective from January 3, 1987, replaced the 1959 Law and provided a more comprehensive and detailed regulation on marriage. The scope of prohibited marriages was narrowed and specifically stipulated within a single provision, allowing for more consistent and reasonable application (Article 7 of the 1986 Law on Marriage and Family). The basic conditions for marriage remained consistent with those outlined in the 1959 Law, reaffirming the principles of monogamy and voluntariness in marriage (Articles 5 and 6).

Additionally, this period marked a more rigorous legal approach regarding the marriage registration process. Specifically, Article 8 required that a marriage must be certified and recorded in the marriage register by the People’s Committee of the commune, ward, or township where one of the spouses resides, following the formalities prescribed by the State. This requirement reflected the State’s growing concern for ensuring compliance with legal conditions for marriage, preventing violations of marriage prohibitions, and establishing a legal basis for determining the rights and obligations of spouses-especially in protecting the rights of women.

However, if a couple lived together without officially registering their marriage, such union was not considered an illegal marriage but merely a procedural violation. As a result, these marriages were not annulled like other illegal marriages (Clause 2, Resolution No. 01/NQ-HĐTP of 1988). In other words, the State at the time still recognized de facto marriages and did not take a strict stance on unregistered cohabitation. This leniency stemmed from historical circumstances, such as the case of Southern cadres and soldiers regrouping in the North in 1954, who were legally recognized in new marriages in the North despite having spouses in the South. Furthermore, Resolution No. 01/NQ-HĐTP of 1988 allowed the dissolution of unregistered marriages, indirectly affirming their legal consequences.

Thus, during this period, although the law clearly established the principles of monogamous marriage and required official registration, the State still acknowledged certain exceptions due to specific historical contexts.

1.5. Marriage and family law from 2000 to before 2014

After more than a decade of implementation, the 1986 Law on Marriage and Family revealed several limitations that called for revision, especially amid the country’s ongoing reform. Responding to such demands, the 2000 Law on Marriage and Family was enacted and came into force on January 1, 2001. This law built upon and developed the previous provisions more comprehensively, particularly in matters concerning marriage.

The legal age for marriage remained consistent with the provisions of the 1959 and 1986 laws. However, the list of prohibited marriage relationships was expanded under the 2000 Law to include persons lacking legal capacity, former adoptive parents and adopted children, fathers-in-law and daughters-in-law, and same-sex individuals-prohibitions not previously codified.

Significant changes were also made to the registration process. Article 11 of the 2000 Law provided that “all marriages must be registered with a competent state authority”. Accordingly, if a man and woman lived together without registering their marriage, they would not be recognized as husband and wife under the law. For couples who had lived together as spouses before the law came into effect, the consequences of such unions were addressed specifically in Resolution No. 35/2000/NQ-QH10.

Moreover, the 2000 Law included a separate chapter regulating marriages involving foreign elements, thereby establishing a legal basis to address such cases amid Vietnam’s increasing international integration-particularly in light of the growing number of Vietnamese women marrying foreign nationals. “In recent years, approximately 180,000 Vietnamese citizens have married foreigners from 60 different countries, of which 80% are women”[5].

Sanctions for violating marriage conditions also became more diverse and deterrent-focused. Violators could face administrative penalties or, if their acts constituted a criminal offense, could be prosecuted under the Penal Code.

In summary, during this period, the law on marriage and family in general-and the regulations on the right to marry in particular-underwent significant changes. These developments enhanced the legal system’s effectiveness in the era of integration, while preserving traditional Vietnamese values and offering greater protection for women’s rights.

1.6. Marriage and family law from 2014 to the present

The 2000 Law on Marriage and Family contributed significantly to the development and protection of a progressive marriage and family regime. However, after 13 years of implementation, in the context of national development and international integration, the emergence of new social relations exposed several legal inadequacies, necessitating revisions to align with reality. On June 19, 2014, the XIII National Assembly adopted the 2014 Law on Marriage and Family, which came into effect on January 1, 2015. This law inherited, supplemented, and refined a range of provisions to comprehensively regulate marriage and family relations in the new context.

Accordingly, for a woman to exercise her right to marry, she must meet the legal conditions and formally register the marriage. Article 8(1) of the 2014 Law on Marriage and Family stipulates that a man and a woman may marry if they meet the following conditions: (i) The man is at least 20 years old, and the woman is at least 18 years old; (ii) The marriage is voluntarily decided by both parties; (iii) Neither party has lost civil act capacity; (iv) The marriage does not fall into one of the prohibited categories under the marriage and family law.

Regarding the age requirement, current law stipulates that women may marry from the age of 18. Historically, the legal age for marriage was much lower-for instance, under Article 94 of the Gia Long Code, boys could marry at 16 and girls at 14. This changed to 18 for women and 20 for men under Article 6 of the 1959 Law, Article 5 of the 1986 Law, and Article 9 of the 2000 Law. Currently, Article 8 of the 2014 Law maintains this standard: men must be at least 20, and women at least 18, to marry. This age requirement reflects socio-economic conditions and physical and psychological maturity, ensuring that individuals are sufficiently prepared to fulfill marital roles and family functions.

Marriage age requirements differ across countries, depending on socio-economic development, educational levels, and cultural customs. For example, in China, the minimum age is 22 for men and 20 for women (Article 6, Marriage Law of China, 2001); in Laos, both men and women must be at least 18 (Article 9(1), Lao Family Law 1990, amended in 2008); in England and Wales, the minimum age is 18 (Section 1.19, Marriage and Civil Partnership (Minimum Age) Act 2022); in Thailand, both sexes may marry from age 17 (Section 1448, Thai Civil and Commercial Code). Despite these variations, all legal systems require that both parties reach a minimum age before marriage is permitted.

In addition to age, voluntariness is a crucial prerequisite for the exercise of women's right to marry. The marriage must be freely decided by both the man and the woman, without coercion, obstruction, or manipulation from any party. French law, for instance, upholds the principle of free consent in marriage: “No marriage shall be valid without the free consent of the spouses” (Article 146, French Civil Code, 2016). Similarly, Lao law requires “mutual love, agreement, and voluntary consent” between the man and the woman (Article 9(2), Lao Family Law 1990, amended in 2008).

Thus, the 2014 Law on Marriage and Family clearly reflects the State’s commitment to protecting women’s right to marriage through the affirmation of voluntary, progressive, monogamous marriage and the principle of gender equality between husband and wife. Additionally, the law pays particular attention to safeguarding women’s right to marriage in transnational contexts, acknowledging the increasing prevalence of international marriages involving Vietnamese women.

2. Observations and recommendations on improving marriage and family law regarding the institution of marriage from the perspective of women’s rights protection

To date, through numerous amendments and new enactments, the current Vietnamese legal framework on marriage and family has entirely abolished marriage regimes based on parental authority and feudal prejudices and customs. It has contributed significantly to the cause of women's emancipation, particularly in ensuring the implementation of women's right to marry. As affirmed in Article 36 of the 2013 Constitution: “Men and women have the right to marry and divorce. Marriage shall be based on voluntariness, progressiveness, monogamy, and equality between husband and wife. The State protects marriage and the family”.

Nevertheless, in practice, limitations and shortcomings persist in ensuring the effective exercise of women’s right to marriage. In many ethnic minority regions of Vietnam, early marriage and forced marriage practices-such as “bride kidnapping”-remain common. These practices not only severely infringe upon women's rights but also undermine the authority and integrity of the law. The root causes lie in poor economic conditions, outdated customs, low levels of education, and limited legal awareness. These factors contribute to the persistence of early marriage and an inability to recognize its negative consequences.

In addition, in certain areas, local authorities have not adequately prioritized the dissemination and education of marriage and family law, especially the Law on Marriage and Family. Sanctions imposed for early marriage violations often lack deterrent power. According to the 2019 Survey on the Socio-economic Situation of 53 Ethnic Minorities in Vietnam conducted by the General Statistics Office and the Committee for Ethnic Minority Affairs, the overall child marriage rate among ethnic minorities in 2018 was 21.9%, down 4.7% from 2014 (26.6%). However, 23 out of 53 ethnic groups still had rates exceeding 20%. The highest were: Hmong (51.5%), Co Lao (47.8%), Mang (47.2%), Xinh Mun (44.8%), and Ma (39.2%). The average marriage age for child marriages in 2018 was 17.5 for males and 15.8 for females. The child marriage rate among girls (23.5%) remained higher than that of boys (20.1%) [6].

Similarly, the traditional custom of “kéo vợ” or “bride pulling”-considered a long-standing and culturally meaningful practice among several ethnic groups such as the Hmong, Red Dao, and Thai-was originally consistent with the principle of voluntary marriage enshrined in Vietnamese law and aimed at minimizing costly marriage customs [7]. In [8] it is said that such customs still exist in countries like Romania, Mexico, and especially in Central Asia, including Kazakhstan, Kyrgyzstan, and Azerbaijan.

However, according to the author of the article, in modern times in the country there may be raised the question of this practice distortion into “bride kidnapping” or forced abduction of young girls. These distortions seriously harm the cultural traditions of ethnic minorities and violate the dignity, rights, and aspirations of young girls-particularly in the realm of gender equality and marriage [9].

To address these issues, the 2014 Law on Marriage and Family provides legal grounds for imposing administrative or criminal sanctions in cases of early marriage, forced marriage, fraudulent marriage, or obstruction of marriage (Article 5(2)(b)). For example, Decree No. 82/2020/NĐ-CP stipulates: (i) A fine of VND 1,000,000 to VND 3,000,000 for organizing underage marriages; (ii) A fine of VND 3,000,000 to VND 5,000,000 for maintaining an unlawful marital relationship with an underage person despite a valid court ruling (Article 58); (iii) A fine of VND 3,000,000 to VND 5,000,000 for obstructing marriage or demanding property for marriage; (iv) A fine of VND 10,000,000 to VND 20,000,000 for forced or deceitful marriage (Article 59).

Criminal sanctions are also provided in the 2015 Penal Code: (i) A person who continues to commit forced marriage after administrative punishment may face a warning, non-custodial reform for up to 3 years, or imprisonment from 3 months to 3 years (Article 181); (ii) A person who organizes underage marriages and repeats the offense after administrative sanction may face a fine of VND 10,000,000 to VND 30,000,000 or non-custodial reform for up to 2 years (Article 183).

Similarly, international law has addressed these acts. In France, coercion to marry or retaliation against those refusing marriage is punishable under the Law No. 2010-769 on Violence Against Women and the French Penal Code. In the United Kingdom, forced marriage is punishable by up to 5 years in prison under Sections 120–122 of the Anti-social Behaviour, Crime and Policing Act 2014.

Thus, Vietnamese law aligns with international standards in affirming the principle of voluntary marriage and penalizing violations through both administrative and criminal measures. However, implementation remains incomplete. To better protect women’s right to marry-especially in a rapidly evolving and globalized society-the following recommendations are proposed:

Public legal education on marriage and family law must be intensified, especially in regions where early marriage, forced marriage, and outdated customs remain prevalent. Legal awareness campaigns should be adapted to local cultural, linguistic, and educational conditions. It is also essential to mobilize the participation of local authorities, political-social organizations, and community groups in enhancing public understanding-particularly among women-about their rights to free and equal marriage.

Conclusion

In summary, the legal provisions on marriage in general-and on women's right to marriage in particular-have seen significant progress, increasingly ensuring the legitimate rights and interests of women while preserving the moral, cultural, and traditional values of the Vietnamese people. However, alongside these positive developments, practical implementation continues to face challenges and limitations. Therefore, further research and legislative reform are essential to improve the legal framework governing women's right to marriage, ensuring that this right is effectively realized in an equal and comprehensive manner in alignment with global legal standards.

References:

1. Mung, B. T. (2007). Principles for Applying Customs and Practices in the Law on Marriage and Family from a Gender Perspective. Journal of Jurisprudence, p. 48.
2. Phuong, N. T. (2006). The Constitution of Vietnam and the Implementation of Gender Equality Rights under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Journal of Jurisprudence, p. 32.
3. Minh, T. D. (2018). Textbook on Vietnamese Law on Marriage and Family. Hanoi: Hong Duc Publishing House – Vietnam Lawyers Association.
4. Noi, T. D. (2021). Textbook on Vietnamese Law on Marriage and Family. Hanoi: Justice Publishing House.
5. Tuan, H. (2006, June 13). On the issue of Vietnamese women marrying foreigners: It has become a “hot topic” at the conference table // Vietnam Women's Union / [Electronic resource]. – Access mode: https://www.hoilhpn.org.vn/web/guest/tin-chi-tiet/-/chi-tiet/ve-van-đe-phu-nu-viet-nam-ket-hon-voi-nguoi-nuoc-ngoai-đa-nong-len-tren-ban-hoi-nghi-3780-2.html (accessed on: 17.10.08).
6. Thuy, N. T. (2023, June 9). Reducing child marriage and consanguineous marriage among ethnic minority communities / [Electronic resource]. – Access mode: https://consosukien.vn/giam-thieu-tinh-trang-tao-hon-va-hon-nhan-can-huyet-trong-dong-bao-dan-toc-thieu-so.htm (accessed on: 17.10.08).
7. Thu Phuong, N. D. (2022, May 6). The Custom of "Wife Snatching": Preserving Cultural Beauty, Addressing Distortions / [Electronic resource]. – Access mode: https://quochoi.vn/pages/tim-kiem.aspx?ItemID=64269 (accessed on: 17.10.08).
8. Duc, T. (2023, May 11). The Custom of Wife Snatching: Not Unique to Any One Group / [Electronic resource]. – Access mode: https://cand.com.vn/dien-dan-van-nghe-cong-an/tuc-bat-vo-chang-cua-rieng-ai-i693121/ (accessed on: 17.10.08).
9. Thu Phuong, N. D. (2022, April 22). Promoting a Cultured Way of Life and Eliminating Distorted Practices of the "Wife Snatching" Custom / [Electronic resource]. – Access mode: https://quochoi.vn/uybanvanhoagiaoducthanhnienthieunienvanhidong/tintuc/Pages/tin-hoat-dong.aspx?ItemID=577 (accessed on: 17.10.08).